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Madras High CourtCRL OP(MD)/7311/2022disposed of

Sivaraj v. The Inspector Of Police

2022-12-07Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.P.Sivaraj 2.Radhakrishnan 3.P.S.Prabakaran 4.P.Rithanya 5.Shanthi

...Petitioners/Accused Nos.1 to 5

-vs1.The State Rep.By The Inspector of Police, All Women Police Station, Paramakudi District.

(Cr.No.5 of 2022)

...Respondent/Complainant

2 M.Akshara

...Petitioner/Intervener/

Defacto complainant in CRL MP(MD)No.5285 of 2022 PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the Petitioners on bail in the event of their arrest in connection with Cr.No.5 of 2022 on the file of the Respondent Police.

For Petitioners : Mr.R.Sreerangan, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.side) For Intervenor :Mr.R.Senthil Kumar, Advocate ****

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 323, 406 and 506(i) IPC and Section 4 of Dowry Prohibition Act, r/w 4 of TNPHW Act, in Crime No.5 of 2022 on the file of the respondent police, seek anticipatory bail.

2.When the matter is taken up for hearing today, the learned Counsel appearing for both parties would submit that earlier the 1/3

matter was referred to Mediation by this Court, by order, dated 20.04.2022. During mediation, the parties have arrived at a compromise and they have also entered into an agreement for settlement. The terms of agreement read as follows: "A.The 2nd Respondent/M.Akshara has already withdrawn D.V.O.P.No.4/2021 on the file of the Judicial Magistrate, Paramakudi.

B. The 1st Petitioner/Sivaraj has already withdrawn H.M.O.P.No.3/2022 on the file of the Sub Court, Sivagangai.

C. The 2nd Respondent agreed to co-operate for Quash the FIR in Crime No.5/2022, On the file of AWPS, Paramakudi in Crl.O.P.(MD)No.7752 of 2022 as against the petitioners herein.

D. As per the Compromise arrived between the 1st Petitioner and the 2nd Respondent, they reunioned and living together from 28.09.2022 at No.1 Sharwesh Apartment, Nanjundapuram Main Road, Coimbatore-36 along with their daughter happily.

E. Today both the 1st Petitioner and the 2nd respondent appear before the mediation centre along with their daughter and confirmed the above facts.

F. Except the 1st petitioner all other petitioners are residing separately at their respective native place. G.Both the parties undertake that they will not make any complaint or allegation against each other." 3.In view of the agreement of settlement, there is no apprehension of arrest. Recording the same, this petition is disposed of. The agreement of settlement shall form part of this order.

sd/- 07/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr ENCL. THE COPY OF AGREEMENT OF SETTLEMENT To 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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3.THE SUBORDINATE JUDGE, SIVAGANGAI.

4.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7311 of 2022 Date :07/12/2022 RK/BUC/SAR-1 (21/12/2022) 3P/6C 3/3